indefeasible share

law

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June 29, 2026

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The term "indefeasible" in a legal context means something that cannot be annulled, voided, or undone. In the United States, an indefeasible share is a legal protection for a surviving spouse, guaranteeing them a specific portion of the deceased's estate. This portion is typically a fixed dollar amount or a fraction of the estate. However, this protection can be diminished if the deceased gave away most of their property before death. Some states have laws allowing the spouse's rights to be asserted against such pre-death transfers to address this weakness.12

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inheritance
Limits on freedom of testation
…of the following devices: dower, indefeasible share, community property, homestead, or family allowances. The most widespread is the indefeasible share, which guarantees to the surviving spouse a certain portion, usually expressed in terms of a fixed dollar amount plus a fraction or, under older statutes, as just a fraction, of…
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…of the following devices: dower, indefeasible share, community property, homestead, or family allowances. The most widespread is the indefeasible share, which guarantees to the surviving spouse a certain portion, usually expressed in terms of a fixed dollar amount plus a fraction or, under older statutes, as just a fraction, of…
Read More